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General Principles of EU Law and the Protection of Fundamental Rights (Hardcover)
Loot Price: R3,023
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General Principles of EU Law and the Protection of Fundamental Rights (Hardcover)
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This insightful book analyses the role that EU general principles
have taken in the protection of fundamental rights within the EU
since the Lisbon Treaty. In particular, the author focuses on the
relationship between written law (the Charter of Fundamental
Rights) and unwritten law (the general principles) within the
institutional framework of the EU. The book demonstrates that, due
to their complementary and autonomous function, the general
principles still play a key role in the protection of fundamental
rights within the EU despite the binding force of the Charter.
Analysis throughout the book shows that the role of general
principles concerning fundamental rights is particularly evident
when they reflect the specificities of the EU legal system, and
contribute to ensuring its autonomy. These conclusions are
supported through a comprehensive review of the relevant case law
of the European Court of Justice in the field of fundamental rights
protection. A particular focus is placed on convergences and
discrepancies with respect to the jurisprudence of the European
Court of Human Rights. This work will be of great interest to
scholars who are researching the protection of fundamental rights
within the legal order of the EU. Human rights lawyers will also
find this a compelling text.
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